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 Planning for the Business Person
This is intended as a practical guide. It is not a
definitive legal interpretation of planning law. For more
information you should consult Sligo Borough Council.
1. Do I need planning permission?
Generally, planning permission is required for any
development of land or property, unless the development is
specifically exempted from this need. The term development
includes the carrying out of any works (i.e. building,
demolition or alteration) on any land or buildings,
and the making of a material (i.e. significant) change of use of
land or buildings.
2. What is exempted development?
Exempted development is development for which planning
permission is not required. Categories of exempted
development are set out in planning law. Relevant
exemptions affecting the commercial area are outlined in
this page. There are usually certain thresholds relating to,
for example, size or height. Where these thresholds are
exceeded, the exemptions no longer apply. The purpose of
exemption is to avoid controls on developments of a minor
nature, such as certain interior alterations, small business
advertisements, etc.
3. Can a change of use be exempted development?
Yes. There are 11 classes of use identified in the Planning
and Development Regulations, 2001-2002 - development
consisting of a change of use within any class is exempted
development. This applies as long as the change of use does
not include the carrying out of any works requiring planning
permission and does not contravene a condition attached to
an existing planning permission. In addition, a change of use
from an unauthorised use will require planning permission
unless it is to an authorised use which is still being carried
out. Planning permission is not required where a change of
use is not “material”.
4. What is a “material” change of use?
What constitutes a material change of use depends on the
circumstances of each situation. Generally, any change of a
substantial nature which has an impact or potential impact
on neighbours or the local community will need planning
permission, etc. The planning authority can advise on
whether it considers that any particular change of use is of
significance to be “material” for planning purposes. See
Question 11 below for details of how the planning authority
can resolve a question of whether a development is or is
not exempted.
5. Are there different types of permission?
Yes. There are two types of planning permission. An
application may be made for:
- permission;
- outline permission;
The most common type of application made is for
permission, sometimes referred to as full permission. There
are circumstances when you may want to make an
application for outline permission. For example, you may
want to see whether the planning authority agrees with
your proposal in principle before you go to the trouble of
making detailed plans. If you obtain outline permission you
must obtain full permission before starting work. In most
cases, a subsequent application for permission must be
made within 3 years of the date of grant of outline
permission. However, outline permission cannot be sought
for retention of a structure, works to a protected structure
or a proposed protected structure or developments which
require an environmental impact assessment, integrated
pollution control licence or a waste licence.
6. Where do I get planning permission?
From the planning authority for your area i.e. your local
County Council, City Council, Borough Council or Town
Council.
7. How do I make a planning application?
For details on making a planning application see PL.2 -
Making a Planning Application, in this series, or contact the
planning authority.
8. What exemptions apply to me?
The main commercial, business and industrial exemptions
are:
- the storage of raw materials, products, packing materials,
fuel or waste within the boundaries of an industrial
building provided that the stored material relates to the
premises and is not visible from any adjacent public road;
- the provision of a hard surface at an industrial premises to
be used for a purpose related to the premises and the
provision, re-arrangement or maintenance of sewers,
mains, pipes or cables;
- carrying out work specified by a local authority to prevent
water or air pollution or in a derelict site notice;
- drilling or excavation to survey land or examine the depth
and nature of the subsoil;
- placing or maintenance of movable appliances, apparatus
or structures on a public road (e.g. a free standing menuboard
outside a restaurant) as long as they are licensed by
the planning authority;
- scaffolding, plant or machinery put on the land itself or on
adjoining land where permitted development is taking
place. This land must be re-instated when the
development is completed.
9. Can I advertise without planning permission?
Certain advertisements and signs are exempted development.
- Advertisements exhibited on business premises referring
to the business, goods or services provided, but there are
limitations:
- freestanding advertisements cannot be more than 2.5m
high or more than 3m2 in total area, and no more than
1.5m2 of the overall total may be internally lit;
- advertisements attached to buildings cannot be more
than 4m high. The area of these advertisements can be
up to 0.3m2 per metre of frontage, less the area of
freestanding advertisements, and subject to a
maximum of 5m2;
- advertisements on “side” frontages cannot exceed
1.2m2 or 0.3m2 if internally lit;
- no letter or logo can exceed 0.3m in height;
- other projecting signs cannot exceed 0.4m2 individually
and their total area cannot exceed 1.2m2;
- no advertisements can cover any part of a window;
- all advertisements out over the road or footpath
must be at least 2m above ground level and cannot
project out more than 1m over the road or
footpath.
- Internally lit window displays and ‘in shop’ displays, but
the window displays must be no larger than 1/4 of the
window area.
- Advertisements within a structure not visible from
outside the structures
- Not more than one advertisement (up to 0.3m2) at an
entrance to a premises relating to a business, trade,
profession or public service carried on there. The size
limit increases to 0.6m2 for public houses, blocks of
flats, clubs, boarding houses and hostels so long as the
advertisement is not illuminated or 2.5m above ground
level. One advertisement per entrance is allowed if
there are entrances on different roads.
10. Are there any limitations to exempted development?
All forms of development, which are normally exempted,
lose this status and require planning permission if they:
- contravene a condition of a planning permission (you
should always check the planning permission under
which your premises was constructed or change of use
permitted);
- endanger public safety by causing a traffic hazard or
obstructing the view of road users;
- modifications to a building with repercussions or major
accident hazards;
- are built forward of the building line (as specified in the
development plan or draft development plan);
- involve a new or wider access to a public road;
- affect a building, feature, site, etc., listed for
preservation in the development plan or draft
development plan (check your local development plan);
a protected structure or a structure in an architectural
heritage area;
- interfere with character of a landscape;
- obstruct a public right of way;
- include any works to, or changes to, an unauthorised
structure or one where there is an unauthorised use.
(“Unauthorised” means without the benefit of
planning permission or exempted development
status.)
11. Where can I get more information on exemptions?
The full list of exempted developments is set out in the
Planning and Development Acts 2000 and 2002, and
Planning and Development Regulations 2001to 2002
(details at the end of this page). The planning authority
can advise on whether it considers planning permission is
necessary, or not, in any particular case. You should
write to the planning authority giving all the necessary
information and on payment of a fee, the planning
authority will make a declaration as to whether the
development is exempt or not. If you disagree with the
decision of the planning authority, you can obtain a
formal ruling by referring the decision to An Bord
Pleanála, on payment of the appropriate fee.
12. What happens if exemption limits are exceeded?
The limits must be observed and the planning authority has
powers to stop the development if they are breached. If,
due to an oversight an error is made, you should apply to
the planning authority for permission to retain the work
done. This is generally known as “retention” permission. It
does not automatically follow that this will be granted.
The fee for a retention application is 3 times the normal
fee and you may have to take down, alter or rectify work
done, which can be costly. Prosecution for breaches
of planning law can result in heavy fines or imprisonment.
You may also find it difficult to sell property which does
not comply with planning requirements. If buying property
check that the building itself, any extensions or alterations
and the present use, comply with planning requirements or
you, as the new owner, may be liable to enforcement
action.
13. Should I consult the planning authority before
carrying out exempted development?
If you are satisfied that your development is exempted, it
is not necessary to check with the planning authority
about planning permission before starting work.
However, if you have any doubts or queries on any
planning aspect, you can contact the planning authority.
See also Question 15 in relation to Building Regulations.
14. Should I consult any other bodies?
You should contact your local ESB office if your proposed
works are near existing electricity lines, if there is a
question of clearance heights under power lines or if the
construction work will bring anyone within reach of the
electricity supply to your premises. You must do so where
any overhead lines come within 6 metres of the
construction works. You must give two months notice to
the E.S.B. if you intend to carry out any construction
activity within 6 metres of overhead lines. Underground
service providers (e.g. gas, electricity, water, sewerage)
should be consulted to avoid damage to pipes or ducting
etc. before commencement of work. Information videos,
particularly “Lifelines” and “Power 2 Shock” and an
information poster on “Avoidance of electrical hazards
when working near overhead lines” are available from E.S.B.
15. Do Building Regulations Apply?
Generally, commercial development requires, in addition to
planning permission, a fire safety certificate and must be
built in accordance with the building regulations. These
regulations set out the basic design and construction
requirements and apply to all new buildings and generally to
extensions, alterations and changes of use of existing
buildings. Details of the building regulations, fire safety
certificates and of the associated procedures are available in
PL.11 – A Guide to the Building Regulations. Further
information can be obtained from the local authority.
16. Do other controls apply to me?
Particularly in the case of industrial undertakings, or if you
are producing non-domestic type waste (e.g. a drycleaners),
you may need to obtain a licence to discharge
waste to water or to a sewer under the Local Government
(Water Pollution) Acts, 1977 and 1990 or to the
atmosphere under the Air Pollution Act, 1987. Before
carrying out certain activities, it may be necessary to obtain
an integrated pollution control licence from the
Environment Protection Agency instead of individual
licences from the local authority under the Water Pollution
and Air Pollution Acts. This will apply, in particular, to
larger scale industrial activities. Most businesses involved in
food preparation will also have to be registered with their
local health board and comply with the requirements of the
Food Hygiene Regulations, 2000 (S.I. No. 165 of 2000.). The
Environmental Health Officer of your local health board will
be able to give you details. Leaflets are available from the
Food Safety Authority of Ireland, Abbey Court, Lr. Abbey
Street, Dublin 1 (01) 8171300 or at www.fsai.ie.
The law governing the planning system is set out in the
Planning and Development Acts 2000 and 2001 and the
Planning and Development Regulations 2001 to 2002.
These may be purchased from the Government
Publications Sales Office, Sun Alliance House, Molesworth
Street, Dublin 2, Telephone (01) 6476995/4.
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Planning Section
Sligo Borough Council,
City Hall,
Quay St.,
Sligo.
Phone No (071) 9114505
Fax No (071) 9114499
Hours: 9.30am - 4.30pm
Monday-Friday
email us
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